121 STAT. 1370
PUBLIC LAW 110–134—DEC. 12, 2007
dkrause on GSDDPC44 with PUBLAW
Head Start programs, to increase enrollment in the programs involved; ‘‘(ii) subject to clause (iii), if the remaining amount is not sufficient to carry out clause (i)— ‘‘(I) for each of fiscal years 2008, 2009, and 2010— ‘‘(aa) subject to subparagraph (B), provide 5 percent of that amount for Indian Head Start programs (including Early Head Start programs), and 5 percent of that amount for migrant and seasonal Head Start programs, to increase enrollment in the programs involved; and ‘‘(bb) use 90 percent of that amount to provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the same percentage (but not less than 50 percent) of the cost of living increase described in clause (i); and ‘‘(II) for fiscal year 2011 and each subsequent fiscal year— ‘‘(aa) provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the cost of living increase described in clause (i); and ‘‘(bb) subject to subparagraph (B), with any portion of the remaining amount that is not used under item (aa), provide equal amounts for Indian Head Start programs (including Early Head Start programs), and for migrant and seasonal Head Start programs, to increase enrollment in the programs involved; and ‘‘(iii) if the remaining amount is not sufficient to carry out clause (ii) for the fiscal year involved, use that amount to provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the same percentage of the cost of living increase described in clause (i). ‘‘(B)(i) Notwithstanding any other provision of this paragraph, the Indian Head Start programs shall not receive more than a total cumulative amount of $50,000,000 for all fiscal years, and the migrant and seasonal Head Start programs shall not receive more than a total cumulative amount of $50,000,000 for all fiscal years, under clause (i)(II), and subclauses (I)(aa) and (II)(bb) of clause (ii), of subparagraph (A) (referred to in this subsection as the ‘special expansion provisions’), to increase enrollment in the programs involved. ‘‘(ii)(I) Funds that are appropriated under section 639 for a fiscal year, and made available to Indian Head Start programs or migrant or seasonal Head Start programs under the special expansion provisions, shall remain available until the end of the following fiscal year. ‘‘(II) For purposes of subclause (I)— ‘‘(aa) if no portion is reallocated under clause (iii), those funds shall remain available to the programs involved; or ‘‘(bb) if a portion is reallocated under clause (iii), the portion shall remain available to the recipients of the portion. ‘‘(iii) Of the funds made available as described in clause (ii), the Secretary shall reallocate the portion that the Secretary determines is unobligated 18 months after the funds are made available. The Secretary shall add that portion to the balance described in
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